Image Credit: CFJC Today

By Michael Reeve

THE WUNDERLICH TEST

Local woman petitions BC Supreme Court, feels residents were denied their rights during the Build Kamloops AAP

Oct 23, 2024 | 5:30 PM

KAMLOOPS — The City of Kamloops was served legal papers on Tuesday (Oct. 22) afternoon during the public input portion of its regular council meeting.

While a legal avenue for cities to receive approval to spend under B.C. law, Kathrine Wunderlich has petitioned to the B.C. Supreme Court to overturn the approval of $275 million for Build Kamloops under the claim of denied rights.

“When they say, ‘We have an obligation to do a referendum,’ and they say, ‘Yeah, but we can use a piece of legislation — the AAP,’ (in) which the language is very loose. We can use that to build see two giant projects getting a negative vote rather than an actual vote from the real people of the city, then that is stripping away people’s rights,” claimed Wunderlich.

Wunderlich’s name appears alone on the document presented in court this week but she says that was due to a time crunch, with others including the Kamloops Citizen’s United group backing her opposition.

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“It could end up being an ‘et al’. We could be adding people onto those petitions, but in order to get this done within the 30 days, I said in my capacity that I am able to put my name on this petition. I feel strongly about it, so I am willing to see this forward,” stated Wunderlich.

Wunderlich says she supports the arts centre and arena — just not the process undertaken by city hall. The end goal, she hopes, is to have the approval reversed and force a full referendum.

“It’s not because we don’t want an arts centre — we do. I want an arts centre. I think we need to have other facilities, but I don’t think we should be doing it without the consultation of the public. That is why we have referendums and it should have gone to a referendum,” said Wunderlich.

This is not the first legal case in B.C. regarding the AAP, with court on Vancouver Island currently hearing a similar case.

“The same issue is going to the Supreme Court and it should be heard in December,” Wunderlich told reporters. “And if that is successful, if the petitioners’ application is successful, then that is going to make ours stronger. The city needs to sit down and say what is in the best interest of kamloops.”

As is common with ongoing legal action, the City of Kamloops has declined to comment on the matter at this time.

The AAP process has been used legally and successfully by multiple jurisdictions across B.C. since it was established in 1962 as a counter petition, and then changed to the alternative approval process in 2003.

None of the allegations has been proven in a court of law.